679.1081
Sufficiency of description.
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679.1081 Sufficiency of description.—
(1) Except as otherwise provided herein and in subsections (3), (4), and (5), a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described. A description of real estate in a record filed to perfect a security interest in crops growing or to be grown or goods which are or are to become fixtures shall be sufficient only if the filing or recording of the same constitutes constructive notice under the laws of this state, other than this chapter, which are applicable to the filing or recording of a record of a mortgage, and a mailing or street address alone shall not be sufficient.
(2) Except as otherwise provided in subsection (4), a description of collateral reasonably identifies the collateral if it identifies the collateral by:
(a) Specific listing;
(b) Category;
(c) Except as otherwise provided in subsection (5), a type of collateral defined in the Uniform Commercial Code;
(d) Quantity;
(e) Computational or allocational formula or procedure; or
(f) Except as otherwise provided in subsection (3), any other method, if the identity of the collateral is objectively determinable.
(3) A description of collateral as “all the debtor’s assets” or “all the debtor’s personal property” or using words of similar import does not reasonably identify the collateral for purposes of the security agreement.
(4) Except as otherwise provided in subsection (5), a description of a security entitlement, securities account, or commodity account is sufficient if it describes:
(a) The collateral by those terms or as investment property; or
(b) The underlying financial asset or commodity contract.
(5) A description only by type of collateral defined in this chapter is an insufficient description of:
(a) A commercial tort claim;
(b) In a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account;
(c) An account consisting of a right to payment of a monetary obligation for the sale of real property that is the debtor’s homestead under the laws of this state; or
History.—s. 1, ch. 2001-198; s. 2, ch. 2002-242; s. 1, ch. 2023-266.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 2005–2025 · leading case: Bender v. James (In re Hintze)
Bender v. James (In re Hintze) (2015)
“” 26 The combination of Fla. Stat. §§ 679.1081 (3) and 679.2031 makes it clear that because the Defendant and Debtors described the collateral as “all of Maker’s assets,” the promissory note was insufficient to create a security interest in favor of the Defendant that attached…”
Southtrust Bank v. Orix Financial Services, Inc. (In Re Management by Innovation, Inc.) (2005)
“ding seeking a judgment that its security interest in the collateral is superior to Orix’s despite the fact that its security interest arose after Orix filed UCC-1 financing statements concerning the same collateral, contending that the financing statements filed by Orix are…”
Dickason v. Marine National Bank of Naples, N.A. (2005)
“” § 679.1081(3), Fla. Stat. (2003). However, this provision is absent from the statute in effect at the time the note and the financing statement were executed.”
Charlotte Development Partners, LLC v. Tricom Pictures & Productions, Inc. (2009)
“Section 679.1081, Florida Statutes (2008), controls the sufficiency of description of collateral and provides in pertinent part: (1)Except as otherwise provided herein and in subsections (3), (4), and (5), a description of personal .”
Lankhorst v. Independent Savings Plan Co. (2014)
“” Fla. Stat. § 679.1081 (1). As noted, the ISPC Agreement conveys a security interest to ISPC in “any purchases you charge to your account.”
Westlake Flooring Company, LLC, D/B/A Westlake Flooring Services v. Miami Motorsports, LLC (2025)
“§ 679.1081(1), Fla. Stat. (2015). A description reasonably identifies the collateral if done by specific listing or category, among other options.”
LDB Media, LLC v. Gravitas Leasing, LLC (In re LDB Media, LLC) (2013)
“14 According to section 679.1081, Florida Statutes, a description of personal property in a security agreement is sufficient if “it reasonably identifies what is described.”
In Re Maison Grande Condominium Ass'n, Inc. (2010)
“See Fla. Stat. § 679.1081 (3) (“A description of collateral as ‘all the debtor’s assets’ or ‘all of the debtor’s personal property’ or using words of similar import does not reasonably identify the collateral for purposes of the security agreement.”
— 679.1081(1) — 3 cases
Southtrust Bank v. Orix Financial Services, Inc. (In Re Management by Innovation, Inc.) (2005)
“ding seeking a judgment that its security interest in the collateral is superior to Orix’s despite the fact that its security interest arose after Orix filed UCC-1 financing statements concerning the same collateral, contending that the financing statements filed by Orix are…”
Bender v. James (In re Hintze) (2015)
“” 26 The combination of Fla. Stat. §§ 679.1081 (3) and 679.2031 makes it clear that because the Defendant and Debtors described the collateral as “all of Maker’s assets,” the promissory note was insufficient to create a security interest in favor of the Defendant that attached…”
Westlake Flooring Company, LLC, D/B/A Westlake Flooring Services v. Miami Motorsports, LLC (2025)
“§ 679.1081(1), Fla. Stat. (2015). A description reasonably identifies the collateral if done by specific listing or category, among other options.”
— 679.1081(2) — 2 cases
Bender v. James (In re Hintze) (2015)
“” 26 The combination of Fla. Stat. §§ 679.1081 (3) and 679.2031 makes it clear that because the Defendant and Debtors described the collateral as “all of Maker’s assets,” the promissory note was insufficient to create a security interest in favor of the Defendant that attached…”
Westlake Flooring Company, LLC, D/B/A Westlake Flooring Services v. Miami Motorsports, LLC (2025)
“§ 679.1081(1), Fla. Stat. (2015). A description reasonably identifies the collateral if done by specific listing or category, among other options.”
— 679.1081(2)(b) — 1 case
Westlake Flooring Company, LLC, D/B/A Westlake Flooring Services v. Miami Motorsports, LLC (2025)
“§ 679.1081(1), Fla. Stat. (2015). A description reasonably identifies the collateral if done by specific listing or category, among other options.”
— 679.1081(3) — 3 cases
Dickason v. Marine National Bank of Naples, N.A. (2005)
“” § 679.1081(3), Fla. Stat. (2003). However, this provision is absent from the statute in effect at the time the note and the financing statement were executed.”
Bender v. James (In re Hintze) (2015)
“” 26 The combination of Fla. Stat. §§ 679.1081 (3) and 679.2031 makes it clear that because the Defendant and Debtors described the collateral as “all of Maker’s assets,” the promissory note was insufficient to create a security interest in favor of the Defendant that attached…”
Westlake Flooring Company, LLC, D/B/A Westlake Flooring Services v. Miami Motorsports, LLC (2025)
“§ 679.1081(1), Fla. Stat. (2015). A description reasonably identifies the collateral if done by specific listing or category, among other options.”
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